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February 27, 2024

Probation officer recommends that Jackie Phamotse issues a public apology to the Kumalos

Basetsana Kumalo at the Randburg Magistrate Court flanked by close friends wanting to see Jackie Phamotse go behind bars
Photos: Qhama Dayile

Controversial author, Katleho Jacqueline "Jackie" Phamotse was back at the Randburg Magistrates Court today to hear her fate after she was found guilty of crimen injuria, criminal defamation and contempt of court. Dressed casually in a local designer t-shirt, trench coat, Jackie met her new legal representative after being dropped by her previous legal aid lawyer. She wore headphones and sat ready to deliver to the court her victim speech, which she prepared before sentencing.


AN APOLOGY AND FINE


Standing in front of the court, Jackie had no close friends in attendance, while Basetsana was comforted by a delegation of friends and her sister Joanne Mukoki. Reading out the compiled pre-sentencing recommendation was Probation Officer Xoliswa Budaza from the Gauteng Department of Social Development, who advised that due to personal health and private reasons, she had to omit some information from Jackie's statement. Budaza recommended that Jackie's sentencing should include a public apology and a R5 000 to R8000 fine as this was all she could afford. She also advised that prison sentence would not be ideal as she contributes to taking care of family and not necessarily the sole bread winner. The State prosecutor Yusuf Baba asked that the sentencing be postponed to 5 March following further investigation and to bring an expert to advise on the impact of social media bullying. "We live in a time when social media plays a big role in society and cyber bullying is a serious matter." An emotional Basetsana stormed out of the court in tears. "This is unfair," she cried as her sister comforted her. "This has taken long enough. I just want this to end."


TWEETING WHAT SHE LIKES


Jackie was found guilty of crimen injuria, criminal defamation and contempt of court after a five-year legal battle with media moguls and couple Basetsana and Romeo Kumalo. The Kumalos opened a case of defamation and crimen injuria against her after she tweeted a subliminal tweet claiming there was a video depicting the complainant, Romeo, engaging in sexual activity with another man. The court found her guilty of defamation, crimen injuria and contravention of a protection order in her case against Basetsana Kumalo. "Having regard to the totality of the evidence, the court is satisfied that the state has proved its case against Ms Phamotse on four counts, beyond reasonable doubt. Ms Phamotse's version as enumerated in the reasons for judgment above is not reasonably possibly true and is rejected as false beyond reasonable doubt." Magistrate S. Naidoo said, when handing down her verdict in September last year.


MALICIOUS


Romeo Kumalo told ZiMoja that he was finally free after five to six years of trauma caused by Jackie. "It has taken us five years. This case will be an example for many people to not be reckless on social media and to watch what they say as it can be very damaging emotionally for families and businesses." Romeo, who has been in showbiz and telecommunications for over 20 years, says the defamation affected his career immensely. "It has been damaging to my business and has caused great harm to myself and my family. I am just glad that this is over and we await the sentencing."




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